DIVORCE IN FAIRFAX VIRGINIA

Generally, a divorce in Fairfax, Virginia that consists of any significant amount of property and/or children results in a contested divorce. A contested divorce in Fairfax, Virginia can be resolved amicably, provided both parties attempt to resolve the issues of property and custody in an equitable manner. How contested a divorce case in Fairfax, Virginia is going to be is in great part determined by the parties and the divorce lawyer each party chooses to represent them. More often than not, the opposing attorney in a contested divorce case in Fairfax, Virginia will play a great role in how amicably a contested divorce can be resolved. This in turn will determine how expensive or inexpensive the contested divorce in Fairfax, Virginia will be for the parties.

How your specific case will proceed will greatly be determined by the specific facts of your case. The divorce laws in Fairfax, Virginia are complex. If you have questions about how the divorce laws in Fairfax, Virginia apply to the specific facts of your divorce case, do not hesitate to contact us.

Our attorneys in Fairfax, Virginia will do their best to assist you with your divorce. Please call us via our toll free number – 888-437-7747.

The Law Offices of SRIS, P.C. has client meeting locations & lawyers to assist you with your divorce in Fairfax, Virginia to better serve you.

FAIRFAX, VIRGINIA DIVORCE ATTORNEYS

Our Fairfax, Virginia attorneys are frequently asked questions about different divorce issues in Virginia. We hope that the information you find herein answer some of your basic questions regarding divorces in Virginia. After you read this, if you wish to talk to our Virginia lawyers about your divorce in Fairfax, Virginia, please feel free to call us at 888-437-7747. We are here to help you and fight for you if necessary.

The Separation of the Parties In Fairfax, Virginia

As a general rule, parties cannot be deemed to be living separate and apart with the intent of remaining permanently separate and apart if they are both residing in the martial residence. If either spouse wants a divorce, the odds are, they are going to get a divorce. The real question is on what terms is the party desiring the divorce going to get it. If your spouse wants a divorce and wants you to move out of the marital home, perhaps refusing your spouse’s demands may be in your best interests. Refusing to move out may cause your spouse to agree to your terms for the divorce. Ultimately, the party who wants a divorce the most is the one who is willing to agree to almost any terms to get a divorce. Keep this in mind as you try to negotiate a property settlement and custody of the child(ren)

One caveat we always tell our clients is: the threat or possibility of danger of remaining in the marital home. Nothing is more important than being safe. If the other party has a history of physical violence or you have reason to believe that if you do not move out, the other party will hurt you, then you probably should leave.

The person who leaves the marital home without an express agreement that the parties have mutually agreed to separate may suffer some dire consequences in court. If you leave the marital residence, the Court may award custody of the children to the parent staying in the marital residence. This award of custody is initially awarded pending the final divorce hearing. However, as a general rule, divorce courts are averse to change the status quo. Thus, the parent who received the initial award of custody is the person who is most likely going to be the primary physical custodian of the child(ren). Additionally, the party leaving the marital home may be accused of abandoning the marital home. Keep in mind, that if you leave the marital home and don’t try to see your children frequently, this too may have negative consequences. During the pending divorce action, the visitation you have with your child(ren) may be dramatically limited. The party staying in the home may be awarded exclusive use and possession of the marital residence. The bottom line is what you do at the start of the separation process of the divorce will most likely have a long term impact as to how your divorce turns out. This is one of the main reasons you need excellent counsel right from the start from an experienced divorce attorney who almost exclusively handles contested divorces. Please keep in mind that divorce attorneys who practice other types of law are probably not as up to date with the new divorce laws that the courts have recently ruled upon.

The financial situation of the parties in Fairfax, Virginia

If you want to ensure that the marital assets are not wasted by the other party, make sure you are in control of all financial accounts and credit cards. Also, make sure you are in control of any form of credit that you may become liable for if used by the other party. Taking control is very easy. Simply transfer all assets of the marriage to a completely new and separate account that only you have access to. As a law professor once said, “it is a lot easier to give than to get.” The person who controls all the assets negotiates from a great position of strength. Remember a contested divorce can be costly and very few attorneys work for free.

Things not to do during the separation in Fairfax, Virginia.

DO NOT DO THINGS YOU WILL BE EMBARRASSED ABOUT IF IT COMES OUT DURING THE TRIAL.

Try not to date anyone. We understand that when you are going through a divorce, you may be emotionally upset and want solace. However, what you do during the separation may affect how the Court decides custody of the child(ren), if custody is at issue. Also, if you spend marital assets (property, money, etc. accumulated during the marriage) on your new “friend”, this may affect how the divorce Court determines the ultimate distribution of marital property. The Fairfax, Virginia lawyers at the Law Offices of SRIS, P.C. is here to help you. Listen to us and we will do our best to make this difficult time in your life as smooth as possible.

How does the legal aspect of the divorce start Fairfax, Virginia?

The first step is to file a pleading asking for a divorce. This is a legal document requesting the Court to grant you a divorce. Your spouse will then be served with this document by either a law enforcement authorized to serve process or a private process server. Generally, we prefer to use a private process server if we believe the party being served with a divorce is going to try and avoid service. Once the initial divorce papers are served, then your spouse has to determine how badly they are going to fight the divorce. Most people after being served with divorce papers think they have to get the nastiest divorce lawyer in town. This is a mistake. All this is going to do is end up costing both parties a lot of money and help put the nasty lawyer’s child through college. We recommend our clients to try and talk to the other spouse in a civil manner and attempt to reach a settlement. Before you go and talk to your spouse, we will advise you as to what a fair settlement is and what you can expect if you go to trial. If your spouse is reasonable and your spouse listens to your proposal, then he or she may agree or ask for time to go talk to their lawyer. Again, if and it is a big IF, the lawyer is reasonable and willing to give good advice to their client, both parties may be able to settle most of the divorce issues, if not all of the issues. However, if the other side chooses to be unreasonable in their demands regarding the divorce, there is only one option. GO TO COURT.

What to expect when you come in for your consultation in Fairfax, Virginia?

When you talk with a SRIS, P.C. Fairfax, Virginia lawyer about your divorce in Virginia, try to have an idea as to the value of the separate and marital assets and liabilities. Also, try to have an idea as to how you wish to have custody resolved if you have child(ren).

What will we talk about during our first consultation in Fairfax, Virginia?

First and foremost, we are here to help. You can count on us to be honest with you. We are not the type of lawyer who tells a client what they want to hear so that they can be hired. We will do our best to make the process as easy as possible, both financially and emotionally. We will listen to you and help you identify what is in your best interests. We will not aggressively promote going to court. This does not mean we are scared of trying cases. We simply do not want you to incur unnecessary costs. However, if your spouse is unreasonable or simply nasty and bitter, then we will gladly take the matter to court. Our goal is to help you get a fair resolution and get a divorce.

To settle or not settle your divorce case in Fairfax, Virginia?

No one can force you to settle. Only you can determine if a Fairfax, Virginia divorce settlement is acceptable.

What can I expect once the divorce process starts in Fairfax, Virginia?

One of the first things we will generally do is file a request for discovery in a divorce action. We use the discovery process in a divorce action to flesh out the information you give us. In turn, you will be asked to respond to a discovery request by the other party’s attorney.

There may be an entry of a temporary order. This will usually address the issues of who will stay in the marital home while the divorce is pending; what will be the custody arrangement while the divorce is pending; what support if any is awarded while the divorce is pending; etc.

During this entire process, the parties through their divorce attorneys will be trying to reach a settlement. However, after trying your best to settle the outstanding issues of the divorce, then there is only solution. Let the judge decide. The judge will hear all the issues regarding the divorce and make a determination as to custody, property, support, etc. All of the judge’s ruling will then be written up in the final decree of divorce. The final decree of divorce is an order of the court. Failure to abide by it may result in sanctions to the party disobeying the court’s order.

What do you do if you disagree with the Court’s ruling in Fairfax, Virginia?

You can always appeal the court’s ruling if you think it is not fair. We will advise you as to our opinion regarding the judge’s ruling. However, the ultimate determination as to whether an appeal is filed is always left up to the client. If you accept the court’s ruling and later wish to modify either the issues of support or custody, then you may request a modification provided there is grounds for a modification.

Granting Alimony In Divorce Proceedings In Fairfax, Virginia

Once a couple decides to divorce and starts the actual legal dissolution of marriage proceedings, either one may ask the court for interim financial support. This request is known as pendente lite – or “pending litigation.” This order is often used to provide for the support of a lower-income spouse while the legal process moves ahead.

After the divorce is final, either party may ask for post-marital alimony. Alimony is not an absolute right. The court will determine if alimony is justified by looking at the circumstances surrounding both the divorce and the divorcing couple.

If one party has received interim support, this financial obligation is not automatically extended after the dissolution becomes official. The reasons for granting support before the marriage ended may have changed after the divorce has become final.

The parties may decide on certain terms in their divorce case in a mutually agreeable manner – signing a binding agreement or legal document to that effect. This can include any alimony payments. If the couple does not have such an agreement, or cannot or will not come to terms, the court will step in, making a fair determination based on the facts and testimony submitted by both parties.

This determination is not set in stone – it can be modified when circumstances change, and one party gives the other proper notice and applies to the court for a re-hearing. However, unless there are compelling reasons, courts are generally reluctant to modify a prior existing agreement.

In some jurisdictions, the court always has authority in granting maintenance should one of the former spouses become a public charge – needing public assistance for the basic necessities of life.

Comparing Alimony and Child Support In Fairfax, Virginia

These are two separate arrangements. Alimony is not the same as child support. In child support, one parent is required to contribute financially in order to help raise (support) his or her children, by making structured payments to the child’s other parent or guardian.

Alimony and Taxes In Fairfax, Virginia

Unlike child support, alimony is treated as income to the receiving spouse, and can be taken as a deduction by the person paying. Child support is viewed as payments a parent makes for the support of their own offspring, and can’t be claimed as income or taken as a deduction.

Enforcing Alimony Payments In Fairfax, Virginia

Here is another area where there is a big difference between child support and alimony payments to an ex-spouse. In many states, non-payment of child support is treated as a criminal matter. The defaulting parent can have a host of legal sanctions placed against them, including loss of driver’s or professional licenses as well as actual prison time.

Alimony is treated as a civil matter. Someone trying to recover back alimony can only use the collection procedures available to any other general creditor. They can hire a collection agency to try and recover the funds, or instigate civil proceedings. If the spouse who’s defaulted on the alimony payments has no real assets to seize, the suing partner may get a judgment – but precious little else.

Divorce Fairfax Virginia Lawyers Spousal Support Desertion

If you are dealing with a divorce in Fairfax, Virginia or about to go through a divorce in Fairfax, Virginia, contact us for help.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Jones v. Jones

Facts:

Plaintiff husband filed a divorce action against defendant wife in the Circuit Court of Fairfax (Virginia). The trial court granted the parties a divorce and ordered the husband to pay spousal support to the wife. The husband appealed.

If you are facing a Divorce case in Fairfax, Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

A divorce from the bond of matrimony may be decreed where either party has willfully deserted or abandoned the other, and such divorce may be decreed to the innocent party after a period of one year from the date of such act. Desertion is a breach of matrimonial duty, and is composed first, of the actual breaking off of the matrimonial cohabitation, and secondly, an intent to desert in the mind of the offender. Both must combine to make the desertion complete. In the absence of justification apparent from plaintiff’s own evidence, proof by plaintiff of an actual breaking off of matrimonial cohabitation, combined with the intent to desert in the mind of the offender, entitles a deserted party to a divorce. When such desertion is established, the duty of going forward with evidence of justification and excuse then rests on the defendant, unless such justification appears from testimony adduced by the plaintiff.

If you are dealing with a divorce in Fairfax, Virginia or about to go through a divorce in Fairfax, Virginia, contact us for help.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Divorce Fairfax Virginia Lawyers Separate Grounds Spousal Support

If you are dealing with a divorce in Fairfax, Virginia or about to go through a divorce in Fairfax, Virginia, contact us for help.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Williams v. Williams

Facts:

Appellant ex-husband challenged a judgment of the Circuit Court of Fairfax Virginia, which granted appellee ex-wife a final divorce on the ground that the parties lived separate and apart for one year, refused to grant appellant a divorce on the ground of desertion, and awarded appellee spousal support and attorney fees.

If you are facing a Divorce case in Fairfax, Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

In Virginia, a single act of physical cruelty will constitute grounds for divorce if it is so severe and atrocious as to endanger life, if it indicates an intention to do serious bodily harm, if it causes reasonable apprehension of serious danger in the future, or if the precedent or attendant circumstances show that the acts are likely to be repeated..

Misconduct in the form of cruelty occurring while divorcing parties are living separate and apart may constitute grounds of divorce.

If you are dealing with a divorce in Fairfax, Virginia or about to go through a divorce in Fairfax, Virginia, contact us for help.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

If you are dealing with a divorce in Fairfax, Virginia or about to go through a divorce in Fairfax, Virginia, contact us for help.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Gayle v. Gayle

Facts:

Plaintiff former wife appealed a decree of the Circuit Court of Fairfax (Virginia), which dismissed her bill of complaint praying that a divorce a mensa et thoro on the grounds of cruelty and constructive desertion granted defendant former husband be set aside and annulled because it had been procured by the fraud of the former husband perpetrated upon her and the court..

If you are facing a Divorce case in Fairfax, Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

Cohabitation between husband and wife during the pendency of the suit for divorce is considered a sufficient reason for the defendant’s belief that plaintiff spouse had abandoned the suit, and a justification for not appearing to make a defense. But where it is sought to set aside a decree on the ground that during the pendency of the divorce action the spouse who obtained it had condoned the other’s offenses by cohabiting as before, the burden of proving such cohabitation and condonation rests upon the assailant of the decree.

If you are dealing with a divorce in Fairfax, Virginia or about to go through a divorce in Fairfax, Virginia, contact us for help.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Fairfax Divorce Virginia Attorney Adultery Separation Spousal Support

If you are dealing with a divorce in Fairfax, Virginia or about to go through a divorce in Fairfax, Virginia, contact us for help.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Holder v. Holder

Facts:

Plaintiff husband sought review of the judgment of the Circuit Court of Fairfax County (Virginia), which awarded a divorce a vinculo martimonii and directed him to pay defendant wife spousal support, claiming that, pursuant to Va. Code Ann. § 20-107.1, the wife could not be awarded spousal support due to her post-separation adultery.

If you are facing a Divorce case in Fairfax, Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

Va. Code Ann. § 20-107.1 authorizes the trial court to award spousal support subject to the provision that no permanent maintenance or support shall be awarded from a spouse if there exists in such spouse’s favor a ground of divorce under the provisions of Va. Code Ann. §§ 20-91(1), (3), or (6) or § 20-95.

If you are dealing with a divorce in Fairfax, Virginia or about to go through a divorce in Fairfax, Virginia, contact us for help.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Divorce Fairfax Virginia Lawyer Custody Award Alimony Child Support

If you are dealing with a divorce in Fairfax, Virginia or about to go through a divorce in Fairfax, Virginia, contact us for help.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Mark v. Mark

Facts:

Respondent husband appealed a decree of the Circuit Court of Fairfax (Virginia), which refused to grant a divorce to him or to complainant wife, but awarded custody of the minor children to the wife and ordered the husband to pay alimony and child support..

If you are facing a Divorce case in Fairfax, Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

A divorce decree based solely on depositions is not as conclusive on appellate review as one based upon evidence heard ore tenus, but such a decree is presumed correct and will not be overturned if supported by substantial, competent and credible evidence.

A single act of physical cruelty does not constitute ground for divorce, unless it is so severe and atrocious as to endanger life, or unless the act indicates an intention to do serious bodily harm or causes reasonable apprehension of serious danger in the future, or the precedent or attendant circumstances show that the acts are likely to be repeated.

If you are dealing with a divorce in Fairfax, Virginia or about to go through a divorce in Fairfax, Virginia, contact us for help.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Child Custody Fairfax Virginia Lawyers Jurisdiction Best Interest

If you are dealing with a child custody case in Fairfax, Virginia or about to go through a child custody case in Fairfax, Virginia, contact us for help.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

McMillan v. McMillan

Facts:

Appellant father sought review of the decision of the Circuit Court of Fairfax County (Virginia), which entered judgment in favor of appellee mother and transferred jurisdiction of matter of child custody and visitation to the family courts in California.

If you are facing a Child Custody case in Fairfax, Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

In matters of custody, visitation, and related child care issues, the court’s paramount concern is always the best interests of the child. This standard applies especially in a case of alleged child sexual abuse, and in such cases the court may subordinate the legal rights of the parents to the welfare of the child. In matters of a child’s welfare, trial courts are vested with broad discretion in making the decisions necessary to guard and to foster a child’s best interests. A trial court’s determination of matters within its discretion is reversible on appeal only for an abuse of that discretion, and a trial court’s decision will not be set aside unless plainly wrong or without evidence to support it. Va. Code Ann. § 8.01-680..

If you are dealing with a child custody case in Fairfax, Virginia or about to go through a child custody case in Fairfax, Virginia, contact us for help.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

If you are dealing with a child custody case in Fairfax, Virginia or about to go through a child custody case in Fairfax, Virginia, contact us for help.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Wash v. Wash

Facts:

Plaintiff mother appealed a decision of the Juvenile and Domestic Relations District Court of Fairfax County (Virginia) that dismissed her proceeding for custody. Defendant father filed a motion to dismiss the petition for lack of jurisdiction..

If you are facing a Child Custody case in Fairfax, Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

. A court of the Commonwealth which is competent to decide child custody matters has jurisdiction to make a child custody determination by initial or modification decree if the Commonwealth is the home state of the child at the time of commencement of the proceeding, or it is in the best interest of the child that a court of this commonwealth assume jurisdiction because (i) the child and his parents, or the child and at least one contestant, have a significant connection with the Commonwealth, and (ii) there is available in the Commonwealth substantial evidence concerning the child’s present or future care, protection, training, and personal relationships. Va. Code Ann. § 20-126.

If you are dealing with a child custody case in Fairfax, Virginia or about to go through a child custody case in Fairfax, Virginia, contact us for help.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Fairfax Child Custody Virginia Lawyers Best Interest Fit Parent

If you are dealing with a child custody case in Fairfax, Virginia or about to go through a child custody case in Fairfax, Virginia, contact us for help.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Right v. Right

Facts:

In a child custody action, plaintiff natural mother appealed from a judgment of the Circuit Court of Fairfax (Virginia), which awarded custody of her minor child to defendant stepmother. The natural mother contended that the evidence did not support the custody award.

If you are facing a Child Custody case in Fairfax, Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

A child’s welfare is the court’s primary, paramount, and controlling consideration in all controversies between parents over the custody of their minor children. This general rule, however, is subject to the exception that a fit parent with a suitable home has a right to the custody of his child superior to the rights of others, in which case the law presumes that the child’s best interests will be served when in the custody of its parent. Moreover, the opposing party has the burden of showing circumstances which would justify depriving a parent of the custody of his child, and proof of either voluntary relinquishment of the right to custody or unfitness of the parent must be clear, cogent, and convincing.

If you are dealing with a child custody case in Fairfax, Virginia or about to go through a child custody case in Fairfax, Virginia, contact us for help.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

If you are dealing with a child custody case in Fairfax, Virginia or about to go through a child custody case in Fairfax, Virginia, contact us for help.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Block v. Block

Facts:

Plaintiff mother filed a bill of complaint for divorce and custody of her minor children. Defendant father filed a motion to dismiss the court’s jurisdiction for determining custody of the parties’ minor children.

If you are facing a Child Custody case in Fairfax, Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

The Uniform Child Custody Jurisdiction Act (UCCJA) as adopted by Virginia prohibits a court from asserting jurisdiction over a custody determination if the matter is already pending in a court of another state exercising jurisdiction substantially in conformity with the UCCJA..

Under the Uniform Child Custody Jurisdiction Act, a court has jurisdiction over a custody determination if it sits in the “home state” of the child when the proceeding begins.

If you are dealing with a child custody case in Fairfax, Virginia or about to go through a child custody case in Fairfax, Virginia, contact us for help.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.